In an article that discusses the complexities of bidding for public works projects, Gary A. Watt delves in to the ramifications of a “nonresponsive” bid versus “nonresponsible” bidder.
According to Public Contract Code section 20111 (b), contracts for public works projects must be awarded to the “lowest responsible bidder,” but this requirement can be circumvented by labeling a contractor's bid, “nonresponsive.” Such designation can result in immediate disqualification, whereas being designated "nonresponsible" carries the right to an immediate hearing.
In Great West Contractors Inc. v. Irvine Unified School District 2010 Cal.App. LEXIS 1521, Great West submitted the lowest bid, but its bid was deemed “nonresponsive” so it lost the contract. That designation was incorrect. In the end, the 4th District Court of Appeal “adopted five factors to apply when a bidder has literally complied with the bid requirements yet the public entity maintains the bid is ‘nonresponsive,’” writes Gary A. Watt. According to Gary, these guidelines provide a “useful metric” for determining the issue of responsiveness versus responsibility. The distinction can make all the difference.
Gary A. Watt is a partner at Archer Norris and a member of the firm’s appellate practice team. He teaches appellate advocacy at UC Hastings, is director of the Hastings Appellate Project’s 9th Circuit clinical program and chair of the Contra Costa County Bar Association’s appellate practice section.
The article was originally published in the Daily Journal and subscription-based Daily Journal website at www.dailyjournal.com.